Emet m'Tsiyon

Monday, November 11, 2013

Alan Baker Answers Kerry's Ignorant Threats

You have probably seen the nasty threats that John Kerry, US secretary of state, has made against Israel for not complying with US Govt desires in the negotiations between Israel and the "Palestinian Authority." For one thing, Kerry "warned" [threatened] Israel with a "third Intifada" if it didn't come to terms with the PA on the PA's terms. This has rightly been seen as encouraging the PA to drag its feet in the negotiations and not make concessions since it can expect US official support in any case, whatever it does, even if it starts a new round of terrorist violence, to be called an "intifada," as Arafat started one in the year 2000 after he did not get what he wanted in the Camp David talks with Clinton and Ehud Barak. Kerry, portraying himself as a peacemaker, has justified in advance an Arab return to low intensity warfare.

Alan Baker, a former advisor on international law to the Israeli foreign ministry and a former Israeli ambassador, sent an open letter to John Kerry, explaining to him his mistakes in regard to international law and history.

The Hon.
James Kerry, U.S. Secretary of State,The
State Department,Washington
D.C.November
8, 2013Dear
Secretary Kerry,After
listening to you declare repeatedly over the past weeks that "Israel's
settlements are illegitimate", I respectfully wish to state,
unequivocally, that you are mistaken and ill advised, both in law and in
fact.Pursuant
to the "Oslo Accords", and specifically the Israel-Palestinian Interim Agreement
(1995), the "issue of settlements" is one of subjects to be negotiated in the
permanent status negotiations. President Bill Clinton on behalf of the US, is
signatory as witness to that agreement, together with the leaders of the EU,
Russia, Egypt, Jordan and Norway.Your
statements serve to not only to prejudge this negotiating
issue, but also to undermine the integrity of that agreement,
as well as the very negotiations that you so enthusiastically
advocate.Your
determination that Israel's settlements are illegitimate cannot be legally
substantiated. The oft-quoted prohibition on transferring population
into occupied territory (Art. 49 of the 4th Geneva Convention) was, according to
the International Committee Red Cross's own official commentary of that
convention, drafted in 1949 to prevent the forced, mass transfer of populations
carried out by the Nazis in the Second World War. It was never intended to apply
to Israel's settlement activity. Attempts by the international community to
attribute this article to Israel emanate from clear partisan motives, with which
you, and the US are now identifying.The
formal applicability of that convention to the disputed territories cannot be
claimed since they were not occupied from a prior, legitimate sovereign
power.The
territories cannot be defined as "Palestinian territories" or, as you
yourself frequently state, as "Palestine". No such entity exists, and the whole
purpose of the permanent status negotiation is to determine, by agreement, the
status of the territory, to which Israel has a legitimate claim, backed
by international legal and historic rights. How can you presume to undermine
this negotiation?There is
no requirement in any of the signed agreements between Israel and the
Palestinians that Israel cease, or freeze settlement activity. The
opposite is in fact the case. The above-noted 1995 interim agreement enables
each party to plan, zone and build in the areas under its respective
control.Israel's
settlement policy neither prejudices the outcome of the negotiations nor does it
involve displacement of local Palestinian residents from their private
property. Israel is indeed duly committed to negotiate the issue of
settlements, and thus there is no room for any predetermination by you intended
to prejudge the outcome of that negotiation.By your
repeating this ill-advised determination that Israel's settlements are
illegitimate, and by your threatening Israel with a "third Palestinian intifada"
and international isolation and delegitimization, you are in fact buying into,
and even fueling the Palestinian propaganda narrative, and
exerting unfair pressure on Israel. This is equally the case with your
insistence on a false and unrealistic time limit to the
negotiation.As such
you are taking sides, thereby prejudicing your own personal credibility, as well
as that of the US.With a
view to restoring your own and the US's credibility, and to come with clean
hands to the negotiation, you are respectfully requested to publicly and
formally retract your determination as to the illegitimate nature of Israel's
settlements and to cease your pressure on Israel.Respectfully,Alan
Baker, Attorney, Ambassador (ret'),Former
legal counsel of Israel's Ministry for Foreign Affairs,Former
ambassador of Israel to Canada,Director,
Institute for Contemporary Affairs, Jerusalem Center for Public
Affairs,Director,
International Action Division, The Legal Forum for IsraelCopy:H.E.
Daniel B. Shapiro, US Ambassador to Israel,71
Hayarkon Street, Tel Aviv, Israel- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -See a useful article on this issue here.

For more on Israel's international law status, the status of Judea & Samaria in particular, see here.

Here is the text of the
letter from Amb. Alan Baker to Secretary of State John Kerry, dated
Nov. 8, 2013
Alan Baker, Attorney, Ambassador (ret’)
P.O.B. 182, Har Adar, Israel 90836
Tel: +972-54-3322643
E-mail: ambassador.alan@gmail.com
The Hon. James Kerry, U.S. Secretary of State,
The State Department,
Washington D.C.
November 8, 2013
Dear Secretary Kerry,
After listening to you declare repeatedly over the past weeks that
“Israel’s settlements are illegitimate”, I respectfully wish to state,
unequivocally, that you are mistaken and ill advised, both in law and in
fact.
Pursuant to the “Oslo Accords”, and specifically the
Israel-Palestinian Interim Agreement (1995), the “issue of settlements”
is one of subjects to be negotiated in the permanent status
negotiations. President Bill Clinton on behalf of the US, is signatory
as witness to that agreement, together with the leaders of the EU,
Russia, Egypt, Jordan and Norway.
Your statements serve to not only to prejudge this negotiating
issue, but also to undermine the integrity of that agreement, as well as
the very negotiations that you so enthusiastically advocate.
Your determination that Israel’s settlements are illegitimate cannot
be legally substantiated. The oft-quoted prohibition on transferring
population into occupied territory (Art. 49 of the 4th Geneva
Convention) was, according to the International Committee Red Cross’s
own official commentary of that convention, drafted in 1949 to prevent
the forced, mass transfer of populations carried out by the Nazis in the
Second World War. It was never intended to apply to Israel’s settlement
activity. Attempts by the international community to attribute this
article to Israel emanate from clear partisan motives, with which you,
and the US are now identifying.
The formal applicability of that convention to the disputed
territories cannot be claimed since they were not occupied from a prior,
legitimate sovereign power.
The territories cannot be defined as “Palestinian territories” or,
as you yourself frequently state, as “Palestine”. No such entity exists,
and the whole purpose of the permanent status negotiation is to
determine, by agreement, the status of the territory, to which Israel
has a legitimate claim, backed by international legal and historic
rights. How can you presume to undermine this negotiation?
There is no requirement in any of the signed agreements between
Israel and the Palestinians that Israel cease, or freeze settlement
activity. The opposite is in fact the case. The above-noted 1995 interim
agreement enables each party to plan, zone and build in the areas under
its respective control.
Israel’s settlement policy neither prejudices the outcome of the
negotiations nor does it involve displacement of local Palestinian
residents from their private property. Israel is indeed duly committed
to negotiate the issue of settlements, and thus there is no room for any
predetermination by you intended to prejudge the outcome of that
negotiation.
By your repeating this ill-advised determination that Israel’s
settlements are illegitimate, and by your threatening Israel with a
“third Palestinian intifada” and international isolation and
delegitimization, you are in fact buying into, and even fueling the
Palestinian propaganda narrative, and exerting unfair pressure on
Israel. This is equally the case with your insistence on a false and
unrealistic time limit to the negotiation.
As such you are taking sides, thereby prejudicing your own personal
credibility, as well as that of the US.
With a view to restoring your own and the US’s credibility, and to
come with clean hands to the negotiation, you are respectfully requested
to publicly and formally retract your determination as to the
illegitimate nature of Israel’s settlements and to cease your pressure
on Israel.
Respectfully,
Alan Baker, Attorney, Ambassador (ret’),
Former legal counsel of Israel’s Ministry for Foreign Affairs,
Former ambassador of Israel to Canada,
Director, Institute for Contemporary Affairs, Jerusalem Center for
Public Affairs,
Director, International Action Division, The Legal Forum for Israel
Copy:
H.E. Daniel B. Shapiro, US Ambassador to Israel,
71 Hayarkon Street, Tel Aviv, Israel 63903

Here is the text of the
letter from Amb. Alan Baker to Secretary of State John Kerry, dated
Nov. 8, 2013
Alan Baker, Attorney, Ambassador (ret’)
P.O.B. 182, Har Adar, Israel 90836
Tel: +972-54-3322643
E-mail: ambassador.alan@gmail.com
The Hon. James Kerry, U.S. Secretary of State,
The State Department,
Washington D.C.
November 8, 2013
Dear Secretary Kerry,
After listening to you declare repeatedly over the past weeks that
“Israel’s settlements are illegitimate”, I respectfully wish to state,
unequivocally, that you are mistaken and ill advised, both in law and in
fact.
Pursuant to the “Oslo Accords”, and specifically the
Israel-Palestinian Interim Agreement (1995), the “issue of settlements”
is one of subjects to be negotiated in the permanent status
negotiations. President Bill Clinton on behalf of the US, is signatory
as witness to that agreement, together with the leaders of the EU,
Russia, Egypt, Jordan and Norway.
Your statements serve to not only to prejudge this negotiating
issue, but also to undermine the integrity of that agreement, as well as
the very negotiations that you so enthusiastically advocate.
Your determination that Israel’s settlements are illegitimate cannot
be legally substantiated. The oft-quoted prohibition on transferring
population into occupied territory (Art. 49 of the 4th Geneva
Convention) was, according to the International Committee Red Cross’s
own official commentary of that convention, drafted in 1949 to prevent
the forced, mass transfer of populations carried out by the Nazis in the
Second World War. It was never intended to apply to Israel’s settlement
activity. Attempts by the international community to attribute this
article to Israel emanate from clear partisan motives, with which you,
and the US are now identifying.
The formal applicability of that convention to the disputed
territories cannot be claimed since they were not occupied from a prior,
legitimate sovereign power.
The territories cannot be defined as “Palestinian territories” or,
as you yourself frequently state, as “Palestine”. No such entity exists,
and the whole purpose of the permanent status negotiation is to
determine, by agreement, the status of the territory, to which Israel
has a legitimate claim, backed by international legal and historic
rights. How can you presume to undermine this negotiation?
There is no requirement in any of the signed agreements between
Israel and the Palestinians that Israel cease, or freeze settlement
activity. The opposite is in fact the case. The above-noted 1995 interim
agreement enables each party to plan, zone and build in the areas under
its respective control.
Israel’s settlement policy neither prejudices the outcome of the
negotiations nor does it involve displacement of local Palestinian
residents from their private property. Israel is indeed duly committed
to negotiate the issue of settlements, and thus there is no room for any
predetermination by you intended to prejudge the outcome of that
negotiation.
By your repeating this ill-advised determination that Israel’s
settlements are illegitimate, and by your threatening Israel with a
“third Palestinian intifada” and international isolation and
delegitimization, you are in fact buying into, and even fueling the
Palestinian propaganda narrative, and exerting unfair pressure on
Israel. This is equally the case with your insistence on a false and
unrealistic time limit to the negotiation.
As such you are taking sides, thereby prejudicing your own personal
credibility, as well as that of the US.
With a view to restoring your own and the US’s credibility, and to
come with clean hands to the negotiation, you are respectfully requested
to publicly and formally retract your determination as to the
illegitimate nature of Israel’s settlements and to cease your pressure
on Israel.
Respectfully,
Alan Baker, Attorney, Ambassador (ret’),
Former legal counsel of Israel’s Ministry for Foreign Affairs,
Former ambassador of Israel to Canada,
Director, Institute for Contemporary Affairs, Jerusalem Center for
Public Affairs,
Director, International Action Division, The Legal Forum for Israel
Copy:
H.E. Daniel B. Shapiro, US Ambassador to Israel,
71 Hayarkon Street, Tel Aviv, Israel 63903

About

The world swims in lies. Who doesn't know that? Even the dupes are told there are lies about. We aim to dispel the fog of lies, especially about Israel, like our prophets of old and our poets like Yehudah haLevi.
We feature historic sources, documents, excerpts from the classics, etc.
How shall I render my vows and my bonds, While yet
Zion lieth beneath the fetter of Edom, and I in Arab chains?
The false prophets cry Peace, and there is no peace.
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About Me

צלום דבורה בת יהודה לייב ז''ל
Dvoyreh bas Yehudah Leyb, Eliyahu's mother. My own photo will have to await more peaceful times.
I have been an observer of
the human comedy, and the human tragedy for many years.